Tag Archives: Target

Target Settlement

We are following up on a blog we posted in 2011 reporting that Target Brands Inc., the U.S. retailer, was refused an interlocutory injunction in its continuing battle with owner of the Canadian trade-mark registration for TARGET.

The U.S. retailer has plans to open in Canada beginning in 2013.  However, the owner of the Canadian trade-mark registration, such ownership dating back to 2002,  had begun operating a series of stores in 2010 Canada.  The ongoing battle has been commented on frequently as an example of the importance of policing key trademarks in foreign jurisdictions.

Read full article

Trademark Interlocutory Injunction Denied to Target

In Target Brands Inc. v. Fairweather Ltd., the Federal Court of Canada refused to grant the interlocutory injunction sought by the American retail chain, this recent application being part of a continuing battle.

In 2002, Target’s counsel initiated proceedings under s. 45 of the Trade-Marks Act to cancel INC’s trade-mark registration for TARGET APPAREL. The Registrar of Trade-marks issued a notice on April 2002 requiring INC to show use of the trade-mark registration in Canada. INC filed an affidavit on its use of the trade-mark in response to the s. 45 notice. The Registrar of Trade-marks held that the evidence was insufficient to show use. INC appealed the Registrar’s decision and the Federal Court reversed that decision on October 19, 2006. Target’s counsel appealed to the Federal Court of Appeal, which affirmed the Federal Court decision on November 26, 2007.

Read full article